The Record Deletion
Process combines aspects of the Exceptional Case Procedure, previously defined
in the ACPO Retention Guidelines
for Nominal Records Held on the Police National Computer, with
provisions contained in statutory guidance issued by the National DNA Database
(NDNAD) Strategy Board relating to the early deletion of DNA profiles and
fingerprints in certain circumstances. Both antecedent documents have now been
withdrawn.

Retention of biometric information

The Protection of Freedoms Act 2012 amended the
Police and Criminal Evidence Act 1984 (PACE), to allow the police in England and
Wales to indefinitely retain your DNA profile and fingerprints (collectively
referred to as ‘biometric information’), if you have ever been convicted of an
offence; this includes receiving an out-of-court disposal such as a caution,
warning or reprimand. Equally, the legislation identifies a number of
occasions whereby your biometric information will be deleted from national
police systems (PNC, NDNAD and IDENT1) if you were not convicted of a
recordable offence, provided specified time constraints and other criteria are
satisfied.

The length of time that your biometric information
can be retained depends on your conviction and/or ‘event history,’ i.e. whether
or not you were arrested and charged or charged but not convicted of an offence
or issued with a PND.

Deletion of biometric
information and PNC record

The guidance provides that, in certain situations,
you may apply to a chief officer to have your biometric information deleted
before the end of the retention period as defined by law. The early deletion of
your lawfully held biometric information may be possible if:

You have no previous convictions and your biometric information is
held due to a Penalty Notice for Disorder (PND); or,

You have no previous convictions and your biometric information is
held as a result of you being arrested and charged with a Qualifying Offence (serious offence), but you were not
subsequently convicted; and,

You are able to evidence the grounds for making an application for
the early deletion of your lawfully held biometric information.

Provided that the evidence and grounds for
deleting your records from national police systems are examined and agreed by a
chief officer, then the expectation will be that any records held on the NDNAD
and IDENT1 will be deleted together with the associated PNC record. However,
this will be determined on a case-by-case basis.

If your biometric information has already been
deleted automatically under provisions contained in the Protection of Freedoms
Act 2012, and you make an application under the Records Deletion Process,
consideration need only be given to the deletion of the PNC record.

It should not be assumed though that just because
your biometric information has automatically weeded that your PNC record will
be approved for removal as well. The grounds and evidence for deletion will
still need to be examined and agreed by the chief officer.

Whether a chief officer agrees to the deletion
of your PNC record depends on a number of factors.

Other relevant information

Court convictions are not eligible for removal under this process.

Applications can only be made after the investigation process has
been completed. For example, if you have been arrested and released on
police bail to return to the police station at a later date you will not
be able to apply until the investigation process has been completed.

ACRO will act as a gateway co-ordinating all applications for
record deletion on behalf of police forces in England
& Wales.
ACRO will not recommend or make decisions. This responsibility lies with
the police force that owns your records.

If you are unable to justify the grounds for record deletion in
your submission to ACRO, your application will be rejected and you will be
advised accordingly. If your application is accepted, it will be forwarded
to the force that owns the relevant records for their consideration and
action as necessary.

Chief officers will aim to deal with your application within 28 days. In some cases this will be sooner, however, there may be occasions where the completion will exceed this deadline which is outside of ACRO’s control. In all cases, ACRO will provide updates on applications upon request and provide written confirmation of a chief officer’s final decision.

The decision on whether to delete/retain in circumstances where deletion
is not covered by the legislation i.e. automated deletion of biometric
information in certain circumstances, rests with the chief officer of the police
force which owns the biometric information. For unsuccessful applications there
is no formal appeals process.

How do I make an application?

For information on making an application please follow the link below.